Family upset over plea deal in 8-year-old's case

Author:
Tabnie Dozier

Published:
8:22 PM EDT July 26, 2017

Updated:
8:22 PM EDT July 26, 2017

LOUISVILLE, Ky. (WHAS11) -- Two years in prison or four years’ probation are the recommendations from prosecutors in the case of 8-year-old Andre O Neal Jr. Elgin Anders is pleading guilty to reckless homicide where little Andre was shot in the Shawnee neighborhood in January of last year. He later died at the hospital.

Newly released LMPD body camera footage from inside the Shawnee neighborhood home shows a lot of moving parts. That is where detectives say 8-year-old Andre O Neal Jr was shot, we're told his relatives live there. Detectives say Anders and a woman drove the child to the hospital on that January night back in 2016.

During a recorded police interview, Anders tells a detective, “It just slipped, I didn't have no tight grip on it or nothing, it just slips. It was sitting right here inside my right pocket…yes sir."

There are discrepancies about the gun he admits to having during Anders' police interview. The detective states, “I went and did a bunch of research on Smith and Wesson 357 magnums, just by dropping them, they don't go off.”

Onda Sharp, Andre's Grandmother says regarding Anders, “Elgin...I just think he needs to tell the truth about what's really going on in this because we not going to back down.”

Prosecutors have recommended two years in prison or four years of probation for Anders guilty plea of reckless homicide.

Sharp adds, “I just hope the judge can understand that we lost someone that we love that we ain't never going to be able to see anymore and we just don't want this guy walking around with probation.”

Anders describes the decision to drive the little boy to Norton Children’s Hospital in the police interview, adding, “I said Dre Dre...he said bro he's hit, she grabbed the keys, I picked him up and hold him just like that and he runs straight to the car."

Kentucky State Police records obtained by the WHAS 11 I-Team revealed the Smith and Wesson 357 Anders had was functional and cannot go off by just dropping it-as stated in Anders interview, the report reads “Item 1 was found to be a functional firearm. The internal hammer block safety and rebound slide prevent item 1 from firing if the trigger is not held rearward.”

“We forgive you we just want you to be honest,” Sharp says in our interview.

Anders’ attorney declined to go on camera but sent this statement: “Mr. Anders and his family again express deep remorse on this most unfortunate and tragic event.”

Anders will be sentenced on September 12. He remains on home incarceration.